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Colorado baker returns to court over 2nd LGBT bias allegation
State Law Issues | 2018/12/16 11:22
Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.

Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."

"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.

State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.

The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.

She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.

The Supreme Court ruled in June that the Colorado commission showed anti-religious bias when it sanctioned Phillips for refusing to make the cake, voting 7-2 that it violated Phillips' First Amendment rights.


Legal groups argue in court against Trump asylum ban
State Law Issues | 2018/11/20 15:39
Legal groups suing the Trump administration over its ban on asylum for anyone who illegally crosses the U.S.-Mexico border have argued their case before a federal judge in San Francisco. U.S. District Judge Jon S. Tigar did not immediately rule Monday on the groups' request to stop the administration from enforcing the ban.

President Donald Trump issued a proclamation on Nov. 9 that says anyone who crossed the southern border would be ineligible for asylum. That would potentially make it harder for thousands of people who enter the U.S. to avoid deportation.

Trump issued the proclamation in response to the caravans of migrants that have started to arrive at the U.S.-Mexico border. The American Civil Liberties Union quickly sued, saying U.S. law makes clear that people can seek asylum regardless of how they enter the country.



Mixed rulings for Republicans from Kentucky Supreme Court
State Law Issues | 2018/11/15 23:02
In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.

Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.

The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.

The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."

Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate.


Bomb suspect set for Florida court appearance
State Law Issues | 2018/10/24 23:20
Bomb squads were called to a post office in Atlanta on Monday about a suspicious parcel, just hours before a court hearing for a Florida man accused of sending packages containing explosive material to prominent Democrats.

The FBI did not identify to whom the most recent package was addressed, but CNN President Jeff Zucker announced that a suspicious package addressed to the cable television network was intercepted Monday at an Atlanta post office.

Zucker said there was no imminent danger to the CNN Center. Another package was delivered to the cable network's New York offices last week, causing an evacuation.

The latest suspicious package comes just hours before a federal court hearing was to begin for Cesar Sayoc, 56, who faces five federal charges.

He is accused of sending bubble-wrapped manila envelopes to Democrats such as Barack Obama, Hillary Clinton and Joe Biden. The packages were intercepted from Delaware to California. At least some listed a return address of U.S. Debbie Wasserman Schultz, former chair of the Democratic National Committee.



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